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HomeMy WebLinkAbout07/02/1970CITY OF NEWPORT BEACH COMMISSIONERS Minutes of: Adjourned Meeting of Planning,commission Date: July 2, 1970 o� s - Time:. 8:OO R.M.° C N }N Plarac nunril r..hamherc F� - N ., � ._--• --_.._. _.. _...__.- i ^i ivy i� i ROLL CALL Commissioners Present: Commissioners Absent: x xx x x x x EX- OFFICI MEMBERS Laurence Wilson, Planning Director Dennis O'Neil, Asst: City Attorney STAFF MEMBERS James D. Hewicker, Assist. Planning Director James E. Nuzum, Senior.Planner William R. Foley, Assistant Planner Helen Herrmann MINUTES On motion of Commissioner Brown, seconded by Commissioner Watson, and carried, the minutes of June 18, 1970 were approved. Commissioner Glass joined the meeting during discussion of the following item. Item 1. STREET Proposed street name change for portion of NAME 21st.Street located.between Irvine Avenue and CHANGE Tustin Avenue. The Commission had a lengthy discussion re- garding this proposed street name change; some of the Commissioners expressing the opinion . that all the numbered street names should be changed at the same time, others, that any street name changes should be accomplished simultaneously with the City of Costa Mesa. They questioned the advisability of using the name "Holiday Road" because of a break of lk blocks.which precludes the street ever be- coming connected. Mrs. Matthew J. Cwierz of 2084 Paloma Drive spoke in opposition to the proposed street • name change as well as the change in house numbering. The following persons spoke in favor of the Page 1. CITY OF NEWPORT BEACH a July 2, 1970 COMMISSIONERS tov;O? V 'c N O O � N � \ \ change in the name of 21st Street; Mr. Reginald Snyder of 468 E. 21st Street, Mrs. Timothy Maidinger of 484 E. 21st Street and Dr. Nolan Frizzelle of 412 East 21st Street. After a further discussion, the Commission asked Dr. Frizzelle if he would contact the people living on that portion of 21st Street within the City of Newport Beach prior to the July 16th Planning Commission meeting in order to come up with a name satisfactory to both the residents and the City, Dr. Frizzelle agr ed to do this. The staff was directed to address letters to the people living on 21st Street and inform them that the effective date of the street name and number change was extended until September 1, 1970. The public hearing was continued until July 16 Motion x • 1970. Second x All Aye Item 2. USE PERMI Request to permit outdoor display and sales of paintings. WITHDRAWN Location: Lot 5,.Block W;'Tract 323,.Corona del Mar located "at 3744'-East Coas Highway on the northwest corner of East Coast' Highway and Poppy Drive. Zone: C -1 Applicant: Henry W. Hammond, Cypress, Owner: Dr. Earl Brady;, Corona del Mar Senior Planner Nuzum stated that the applicant had submitted a new plot plan to the Planning Department but that the parking arrangement as shown did not conform to the parking standa ds. The staff had worked out'a plate whereby two conforming parking spaces could be provided. • Mr..Hammond, the applicant, stated that he was working on a limited budget and after investi- gating the:prices for paving the parking space he was left with only one proposal and that was to cancel the parking-on the lot and have. Page 2. CITY OF NEWPORT BEACH . July 2, 1970 COMMISSIONERS NN two parking spaces striped on the street in front of the property. The Commission informed the applicant that closing the existing curb cut and creating a business without off - street parking would be in violation of the zoning code. After further discussion the applicant request d Motion x that his application be withdrawn.. Second x Ayes x x x x x Item.3. Abstaii x USE PERMI Request to permit live entertainment in con - junction with a cocktail lounge located within 200 feet of a residential district: NO. 484 APPROVED Location:. Portion of Lot D, Banning Tract located at 4507 West Coast Highwa on the south side of:.West Coast Highway easterly.of.Balboa Blvd. • Zone: C -1 -H Applicant: Southcoast Enterprises, Newport Beach Owner: Thomas Rogers, Newport Beach. Mr. Roger Elliott, manager of the Bal- Port. Lounge was present at the meeting and answered questions of the Commission. After a discussion, the application was approv d Motion x until October 7, 1979 to coincide with Use Second x Permit No. 988 which permits the sale of alco- All Ayes holic beverages at this.location. Any extensi n to be subject to Modification Committee approv 1. Item 4. ZONE Request to amend a portion of District Map No. CAGE 8 from an M -1 District to a C -O -Z District. AMENDMENT NO. 6 Location: Portion of Lot 6, Section 28 and Portion of Lot 2, Section 33,. REN&VED located at the southwest corner FF RW of 28th Street and Lido Park Driv CALENDAR (extended). Zone: M -1 Page 3. CITY OF NEWPORT BEACH . July 2, 1970 COMMISSIONERS vg � N N £ N Applicant: J. W. Klug Development Co., Inc. Newport Beach Owner: Mildred Stanley Peth and First Western Bank and Trust Co. Newport Beach Planning Director Wilson advised the Commissio that Mr. Lee Healey, broker for the proposed sale of the property, had come to the office and asked for an extension until the first meeting in November to give the applicant adequate time to study the development of the property.. However, the Planning Director felt that the matter should be removed from the calendar until the applicant was ready to present the matter to the Commission; therefor Amendment No..262 was removed from the calenda Motion x pending written communication from the appli- iSecond x cant requesting that this amendment be re- All Rye activated and that the "Notice of Public Hearing" be readvertised at that time. Item 5. RESUBDIVI Request to dividelot into two parcels to be SI— N used as single family residential building N0. 285 sites. APPROVED Location: Lot 183, Tract 2813 located at 413 and 415 Avocado Avenue, on the west side of Avocado Avenue opposite Waterfront Drive. Zone: R -1 Applicants: Kathryn L. Wheeler and Charles Stetson Wheeler III Corona del Mar Owner: Same as applicant Mr. William Frost of Raub, Bein, Frost & Asso- ciates represented the applicant and passed out maps showing the requested setbacks. Mr. Frost said that he had reviewed the recommended conditions of approval with the applicant and that they were in agreement with these sug- gested conditions. The Commission felt that in granting this re -. subdivision that 20 feet of right -of -way on Page 4. CITY OF NEWPORT BEACH 0 July 2, 1970 COMMISSIONERS v a 0 Bayside Drive should be dedicated to the City. Mr. Frost said he would have to discuss this with the applicant who was present in the audience and he was given time to do so. When lie returned, he stated that the applicant had agreed to the dedication of.20 feet of right- of -way along Bayside Drive with the stipula- tion that no improvements be required at this time and also, that the front yard setback fro Bayside Drive be established at 15 feet to all w for flexibility of design. After further discussion, the application was Motion x approved, subject to the following conditions: Second x All Aye 1. That a Parcel Map be filed. 2. That individual water and sewer services to each parcel be provided to the satisfaction of•.the Public Works Department. • 3. That private easements satisfactory to the City Attorney, guaranteeing perpetual access to the parcels, be recorded. 4.. That 20 feet of.right -of -way along Bayside Drive be dedicated to the I City. 5. That the setback along the new dedi- cation line along Bayside Drive be 15 feet. Item 6. USE PERMIl Request for a 90 day extension on use of re- locatable building as a temporary office. Location: Portion of Lot 2, Tract 3232, NT EXTENDED TFUTYS located at 1137 Bayside Drive, on the south side of Bayside Drive, easterly of Marine�Avenue. Zone: C -1 -H • Applicant: J. H. Richardson Company, Inc.,. Newport Beach Owner: The Irvine Company, Newport Beach Page 5. CITY OF NEWPORT BEACH a July 2. 1970 COMMISSIONERS N � After a discussion, the Commission granted a Motion x 90 day extension. Second x Item 7. Ayes x.x x x x X. - Noes x USE PERMI Request for a one year extension to allow the continued use of two Newport Center tower sign . NO. 123 DENIED 'Location: One sign westerly. of MacArthur Boulevard, south of San Joaquin Hills Road and one sign easterly of Jamboree'Road south of San Joaquin Hills.Road. Zone: C- O -H -UL Applicant: The Irvine Company, Newport Beach Owner: Same as applicant.. Mr. James Ballinger represented the Irvine • Company and stated that, as of now, they have no permenent identification signs for Newport Center in this:area. The Commission felt that these temporary signs had been up longer than was necessary, that th location of Newport Center is well known and, Motion x therefore, denied the requested extension. . Second x Item 8. Ayes x x x x x x Noes x ZONE Request to amend a portion of taps No MANGE .District 50 and 52 from an R -3 -13 District to an R -3 ArNDRENT District. Location: Portion of Block 96,.Irvine's Sub - AT.__ZT2F— CONTINUED division located on the east side of Mar.gueri,te.Avenue between San UNTIL JULY 16 Joaquin Hills Road and Pacific Vie Drive. Zone: R -3. -B Applicant: The Irvine Company, Newport Beach • Owner: Same as applicant. Mr. James E. Taylor represented the Irvine Company and stated they are requesting a change in zone to R -3 to allow development of a pro- ject very similar to Mariners Square: They Page 6. CITY OF NEWPORT BEACH July 2, 1970 COMMISSIONERS are concerned about two requirements in the R -3 -B zone, i.e'., a rear yard area area of 750 sq.ft. to be kept free and clear behind each main dwelling unit and the requirement for two covered parking spaces rather than one covered parking space and 1 open space as pro- posed. The development plan consists of 64 dwelling units on a net site area of 4.5 acres resulting in a density factor.of 14.2. Sixty - four garage spaces and sixty open parking spac s have been provided to meet the off - street park ing requirements for R -3 zoning. A site plan of the project was displayed to the Commission The Commission expressed concern about this requested change in zone, which would permit an increase in density, and felt that since th contemplated project could not be tied in with a change in zone, another tool, such as a variance or a P -C zone, might provide the answer. Mr..Taylor stated that he would like to work with the staff for any solution amenable to this particular problem and requested that the Motion x item be continued until July 16, 1970. Second x All Aye Item 9. ZONE Request to amend a portion of District Map No. CAGE 50 from a C -O -H District to an R -3 District. M1ENDMENT Location: Portion of Block 93, Irvine's Sub- NO. 265 division located on the north side APPROVED of San Joaquin Hills Road and the south side of Pacific View Drive adjacent to the Lincoln Junior High School. Zone: C -0 -H Applicant: The Irvine Company Owner: Same as applicant. Planning Director Wilson explained that this requested zone .change was a condition of . approval of Resubdivision No. 284 approved by the Commission on June 4,1970 and is more restrictive than the present C -O -H zoning as to density and height limit. After discussion, the application was approved Motion x Second x Page 7. o llAye CITY OF NEWPORT BEACH July 2, 1970 COMMISSIONERS a rr 51,00 z \\ Item 10. Request to permit subdivision of.53.8 acres into approximately 117 residential lots. Location: Portion of Blocks 56 and 57, TENTATIVE M N . APPROVED Irvine's Subdivision, located north of San Joaquin Hills Road, between MacArthur Boulevard and Jamboree Road. Zone: P -C Applicant: Williamson & Schmid, Santa Ana Developer: Richard B. Smith, Inc., Tustin Owner: The Irvine Company, Newport Beach The Commission continued the discussion regard ing this tract which had been continued from • the meeting of June 18, 1970., Mr. David Kaylor of the Irvine Company and Mr. Bob Williamson of Williamson and Schmid, Civil Engineers,addressed the Commission. The Commission again reiterated their concern regarding private streets and controlled access to the subdivision. Planning Director Wilson pointed out that the physical design of the subdivision was not the issue and that the tentative tract map could be acted upon without being held up by the status of the streets. After further lengthy discussion, the Commis- Motion x sion recommended approval of the tentative map Second x of Tract 7223 subject to the following condi -, All Ayes tions: 1. That all public improvements be con- structed as requitred by ordinance and the Public Works Department. • 2. That Section 19:16.030 of the Subdivi- sion Ordinance regarding map scale be waived provided maps drawn accur- ately to a scale of 1" = 100' are furnished to the Public Works Depart- ment. Page 8. CITY OF NEWPORT BEACH a July 2. 1970 COMMISSIONERS 9 3. That the boundary of the final tract map be checked by the County Surveyor before being submitted to the City for approval. 4. That all grading be in accordance with grading plans and reports approved by the Public Works Director and a. qualified Soils Engineer. Upon completion of the grading, the Civil Engineer and the Soils Engineer shall certify that the grading has been completed according to the plans and the requirements of the grading ordinance. Reproducible copies of the plans on standard size sheets shall be furnished to the Public Works Department. 5. That a determination be made as to the acceptability of a totally private street system. If the street system is private, the following special conditions of approval shall be applied: a. The structural and geometric design shall be approved by.the Public Works Department. b. Construction shall be inspected by the Public Works Department and a standard inspection fee paid. c. A satisfactory means of provid- ing for perpetual operation and maintenance of the private street system shall be demon- strated prior to recordation of any final map. d. Satisfactory provision for future dedication of the rights -of -way, if desired, shall be made. e. Satisfactory provision for City • utilities shall be made, with City rights superior to those of other utilities. Page 9. CITY OF NEWPORT BEACH July 2, 1970 COMMISSIONERS o .w 6. That, if the streets are private, a determination be made as to whether or not the California Vehicle Code• will be enforced on the private street system. 7. That provision for flag lot trash pick -up be made where the flag lots abut the streets, or that private trash service be provided for all such lots. 8. That easements dedicated to the City be a minimum of ten feet in width, with wider easements provided where required by the Public Works Depart- ment. 9. That.the design and location of sewer access roads be approved by the Public • Works.Department; the surface shall be accessible for its full length to main- tenance vehicles in all weather condi- tions.. 10. That, except where exceptions are approved, lot lines'be located at the top of slopes. 11. That lot drainage facilities and re- lated private easements be provided to the satisfaction of the Building and Public Works Departments. 12. That approval of the proposed" "typical cul -de -sac" design as shown on the tentative map is provisional. Final approval shall be contingent upon demonstration that the design is satisfactory in the early stages of preparation of the 40 -scale grading plan and street improvement plans. 13, That the Subdivision Ordinance require- ments for local street widths of sixty feet of right -of -way and forty feet of paved surface be waived, and street widths be approved as shown on the tentative map and on the "typical cul -de -sac" drawing attached to the tentative map, subject to the provi- sions of condition No. 12 above. Page 10. CITY OF NEWPORT BEACH COMMISSIONERS July 2. 1970 _3N v r r irr 14. That the Subdivision Ordinance re- quirement for maximum street grades of 7% be waived; with steeper grades, where made necessary for topographical reasons, subject to approval by the Public Works Department, 15. That the requirement for conventional curb, shoulder and sidewalk'treatment on Big Canyon Drive be-waived; with the design shown on the tentative map subject to further review -`and approval by the Public Works Department as re- gards shoulder width, shoulder struc- tural section and surface'treatment, pedestrian and bicycle facilities and drainage facilities. 16. That the full width of Big Canyon Drive be improved between.the tract boundary and the intersection with • San Joaquin Hills Road at Santa Rosa Drive. Additional travel lanes and channelization shall be provided between the intersection and the clubhouse area as approved "by the Public Works Department. 17. That the traffic signal at Santa Rosa Drive be modified to accommo- date the intersection of Big Canyon Drive. 18. That Zone III water fees be paid, and storage capacity in San Joaquin Reservoir equivalent to one maximum day's demand be dedicated to the City. 19. There shall be a minimum of two park- ing spaces per dwelling unit provided for visitors and guests. A minimum of fifty percent of the required guest parking for frontage lots and twenty-five percent for flag lots shall be provided in common areas, including both off - street parking bays and on- street parking. These spaces shall be properly de- signed and located to provide fully usable and evenly distributed park -, ing throughout the subdivision. Page 11. CITY OF NEWPORT BEACH a July 2. 1970 COMMISSIONERS kvk-tt\ The remaining required.guest:park- ing may be provided.in private drive- ways or on site provided that no more than one.space per driveway be counted toward fulfilling the requirements. 20. That street trees shall be installed and maintained in compliance with a plan approved by the Director of Parks, Beaches and Recreation. 21. That the park shall be landscaped, improved and maintained in compliance with plans and.procedures approved by the Director of Parks, Beaches and Recreation. 22. That there be no restriction of access to Big Canyon Drive. Item 11. Z01�E Request to prezone unincorporated territory ad CHANGE joining the City of Newport Beach for the pur- MENDMENT pose of determining the zoning that will apply 0. 2063 to such property in the event of subsequent annexation to the City. Specific consideratio CONTINUED will be given to the establishment of a P -C (Planned Community) District to provide for UNTIL JULY 16 development of approximately 50 acres of land located northeast of the intersection of MacArthur Boulevard and Campus Drive for commercial office use comprising approximately ten buildings, hotel and related commercial facilities. Location: Lot 11 of Tract 5902 located at th northeast corner of the intersects n of MacArthur Boulevard and Campus Drive. Zone: P -C (Orange County) Applicant: Azimuth Equities, Inc.,. Newport Beach • Owner: McDonnell - Douglas Corporation Santa Monica Page 12. CITY OF NEWPORT BEACH • July 2, 1970 COMMISSIONERS O N O £ S F � ? O O N Prior to consideration of this item Commissioner Martin stated that he was disqualifying himself but before doing so wanted to say that he feel as a matter of general policy, continued items should appear early on the agenda of the follov - ing meeting, before new business and particula ly before items that have been set over because t e applicant was not present at the meeting. He feels that constantly putting continued busineE s at the end of the agenda is unfair. Commissioner Glass stated that since he had been out of tow all week and had not seen the staff report until this evening, he felt he should not take part in the discussion.of this item. Commissioner Brown stated that since he was also disqualify- ing himself, there would not be a quorum. Commissioner Adkinson said he had indicated at the study session that . he would be disqualifying himself and now since Commissioner Glass had disqualified himself, and there was `not a quor m, he felt this matter should be sent on to the . Council without a recommendation. After a discussion among the Commissioners, it was decided there might not be a quorum at the next meeting so, in fairness to the applicants, the matter should be heard tonight. Chairman Jakosky called a five minute recess and the Commission reconvened at 12:00 Midnight, with all members present. Commissioner Brown immediately disqualified himself because he is employed as Dean of the Graduate School of Administration of the University of California. Commissioner Adkinson stated he had talked with the City Attorney and did not believe, having previously represented one of the principals of Azimuth Equities on minor matters,that he had reason to legally disqualify himself; however since this is such a highly contested issue, he felt that both parties had the right to feel that all of the people voting on the issue were totally impartial. Inasmuch as the matter of annexation is to be decidedby the City Council, he wondered whether both parties would address • themselves to the question as to whether'sendin the prezone to the Council, without recommenda- tion, would be satisfactory._ Mr..Alex Bowie, speaking in behalf of the appli cants,.Mc- Donnell - Douglas and Azimuth Equities Page 13. CITY OF NEWPORT BEACH IM July 2, 1970 COMMISSIONERS v c 6, � N asked to make a few brief remarks. He stated that the scope of the project had been reduced to make it fit into the traffic study; they are satisfied with the text, with one or two changes. They want to go forward with this project in an orderly manner as expeditiously as possible but if the Commission wants to hav an additional two weeks to look over the repor , they would defer to the desires of the Commis- sion. Commissioner Martin stepped down at this point. by reason of the fact that his. employer is the McDonnell - Douglas Corporation and Commissioner Adkinson also stepped down at this point: Richard Reese, representing the Irvine Company addressed the Commission and stated he was pre pared to make a presentation at this time'; he felt the issue before the Commission was ex- tremely serious and since the information had only recently been provided, it would not perm t . an in depth understanding; however they were ready to make their presentation at this time, or in 2 weeks. He stated further that there might be some propriety to having the major policy issue as to whether or not these pro- perties should become a part of the City of Newport Beach decided prior to consideration o the land use. Chairman Jakosky stated he felt the guidelines as to whether or not the property should becom a part of the City of Newport Beach should be acted on by the City Council prior to the Planning Commission making any recommendation as to the suitable zoning of the area and with the consent of the other members of the Commis sion, would recommend that the matter be con- tinued until July 16, 1970 at which time it should be the first item on the agenda. Commi - sioners Dosh and Watson concurred and Commis- sioner Glass stated that he would have to dis- qualify himself if the prezoning were to be voted upon at this time. The application was continued until July 16, Motion x 1970. Second x Ayes x x x x Commissioners Adkinson and Martin returned to Abstain x x x the dais. Page 14. CITY OF NEWPORT BEACH IM July 2, 1970 COMMISSIONERS The Commission discussed the question of heli- copter landings in the City of Newport Beach. Commissioner Glass was appointed to draft a Motion x letter to the City.Council regarding this. Second x matter. All Aye On motion of Commissioner Watson, seconded by Commissioner Dosh, and carried, the meeting was adjourned. Don R. Adkinson, ecretary Planning Commission • Page 15.